O1744
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City council Meeting 5/24/94
Santa Monica, California
ORDINANCE NUMBER 1 7 4 4 (CCS )
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING CHAPTER 5.36 TO ARTICLE V OF THE SANTA
MONICA MUNICIPAL CODE TO REQUIRE LABELING OF SHELVES
WHERE TOXIC AND HAZARDOUS HOUSEHOLD PRODUCTS ARE SOLD
OR DISTRIBUTED
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Chapter 5.36 is added to Article V of the Santa
Monica Municipal Code to read as follows:
Chapter 5.36
Toxic
and
Hazardous
Household
Products
SECTION 5.36.010.
Labeling
Findings. The city Council finds and
declares:
(a) Through AB 2707, the State of California has imposed
upon the City of Santa Monica the costs for household
hazardous waste management within the City.
(b) The City spends in excess of $300,000 per year
collecting and managing household hazardous waste and faces
the prospect of much greater expenditures in the future.
(c) The citizens of the City of Santa Monica have a
right to know about the toxic and hazardous nature of chemical
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products they use in their homes on a regular basis.
(d) The users of toxic and hazardous household prpducts
have both an obligation and a right to be informed about the
costs and consequences of the disposal of toxic and hazardous
household materials.
(e) Retailers who sell toxic and hazardous household
products have an obligation to inform consumers of such
products about their contents and about appropriate disposal.
SECTION 5.36.020. Definitions. For purposes of
this Chapter, the following words and phrases shall have
the following meanings:
(a) Displav Area Label. The signage to be used by a
retailer to mark a hazardous household material display area
as prescribed by the Environmental Programs Division.
(b) Toxic and Hazardous Product. Any product which
falls within one of the following categories shall be
considered a toxic and hazardous household product for
purposes of this Chapter:
(1) Toxic or hazardous automotive products,
including but not limited to motor oil, gear case oil,
hydraulic oil, brake fluid, power steering fluid, oil and fuel
additives, engine coolants (antifreeze) , and engine
degreasers.
(2) Toxic or hazardous paints and paint products,
including but not limited to paint strippers, lacquer, shellac
and varnish, wood stains, wood preservatives, paint and
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lacquer thinners, rust removers and paint pigments.
(3) Pesticides, insecticides, rodenticides,
fungicides and herbicides.
(4) Toxic or hazardous chemicals involved in
swimming pool or spa maintenance.
(c) Retailer. A person offering for sale or selling a
toxic and hazardous household product to a consumer, within
the City of Santa Monica.
SECTION 5.36.030. purpose. It is the policy of the
city of Santa Monica to educate citizens regarding the toxic
and hazardous nature of certain household products, proper use
of the products, and the proper methods for disposal of
residual products and containers in order to protect public
health and the environment. This chapter is intended to
implement this policy of educating and informing citizens
about the toxic and hazardous nature of certain household
products, their proper use, and proper disposal methods, and
is not intended to prohibit or in any way regulate any matter
relating to registration, sale, transportation, or uSe of
those products.
SECTION 5.36.040. Applicability. This Chapter shall
apply to all persons who engage in business in the City of
Santa Monica.
SECTION 5.36.050.
Sale or Distribution
Products.
Labeling Requirement Applicable to
of Toxic and Hazardous Household
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(a) The Environmental Programs Division shall develop,
in cooperation with retailers and other interested parties,
and shall distribute to retailers, uniform information labels
to be utilized in display areas containing toxic and hazardous
household products.
(b) A retailer shall affix a display area'information
label, as prescribed by the Environmental Programs Division,
in a prominent location upon or near the display area of a
toxic and hazardous household product .If the display area is
a shelf, and the price of the product is affixed to the shelf,
the label shall be affixed adjacent to the price information.
SECTION 5.36.060. Consumer Education.
(a) Consumer information pamphlets shall be prepared by
the Environmental Programs Division in cooperation with
retailers and other interested parties whicQ provide
information regarding the toxic and hazardous nature of
specified product categories, the proper use of toxic and
hazardous household products, specific instructions for the
proper disposal of these products, and the identification and
availability of safer alternative products.
(b) Retailers shall maintain and prominently display in
a location directly adjacent to the display area warning label
pamphlets described in subsection (a) above, which shall be
provided at no cost to retailers by the City'S Environmental
Programs Division.
SECTION 5.36.070.
Exemptions.
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(a) A business subject to this Chapter may apply for an
exemption of a specific product subject to this Chapter if the
product does not contain any of the substances, in
concentrations at or above 1%, or above .1% for cancer causing
substances, listed in the current editions of the following:
(1) 29 CFR 1910, Subpart z.
(2) "Threshold Limit Values for Chemical Substances
and Physical Agents in the Work Environment, II published by the
American Conference of Government Industrial Hygienists.
(3) National Fire Protection Association,
"Hazardous Chemicals Data" (NFPA 49).
(4) National Fire Protection Association, "Fire
Hazard Properties of Flammable Liquids, Gases, Volatile
Solids" (NFPA 325M). Including all items rated II through IV
as health hazards or III through IV as flammability or
reactivity hazards.
(5) U. S. Department of Transportation's "Hazardous
Materials Table," 49 V.F.R. 172.101 (May 1985).
(6) National Toxicology Program, "Annual Report on
Carcinogens. II
(7) International Agency for Research on Cancer,
"Monographs, Supplement 4."
(8) A list of radioactive substances in Appendix B
of chapter 1 of Title 10 of the Code of Federal Regulations,
maintained and updated by the Nuclear Regulatory Commission.
(9) Parts 172 and 173 of Title 49 of the Code of
5
Federal Regulations.
(10) Subdivision (b) of the Labor Code section 6382.
(11) Section 25316 of the California Health and
Safety Code.
(12) A list of legal carcinogens from the California
Code of Regulations, Title 8, Subchapter 7, Group 16 or the
list developed by the United states Department of Health and
Human Services on its Second Annual Report on Carcinogens.
(13) A list of pesticides as issued by the Director
of the Department of Food and Agriculture.
(14) A list of priority organic pollutants as issued
by the EPA.
(15) A list of extremely hazardous materials in Part
300 of Title 40 of the Code of Federal Regulations.
(16) A list of acutely hazardous materials as
defined in Health and Safety Code section 25532, subdivision
(a) .
(b) A retailer seeking to exempt a particular product
shall submit an application on a form provided by the
Environmental Programs Division.
(c) Upon filing of an application for exemption, the
Environmental Programs Division may request from the person
submitting' the exemption application any additional
information it deems reasonably required to evaluate an
application.
(d) Upon making a determination whether or not to grant
6
an exemption, the Environmental Programs Division shall notify
the applicant in writing.
(e) There shall be no administrative appeal of a denial
of an exemption application.
SECTION 5.36.080. Inspection Authority. The City
Manager or the City Manager's designated representative is
authorized to enter the business premises during business
hours of any retailer engaged in the sale of toxic and
hazardous household products in the City for the sole purpose
of inspecting said premises to determine whether the retailer
is in compliance with this Chapter.
SECTION 5.36.090. Penalties for Noncompliance. Any
person found in violation of any provision of this. Chapter
shall be guilty of a misdemeanor. For purposes of this
Chapter, the first cited violation of this Ordinance shall
constitute a warning of noncompliance. The cited retailer
shall comply with this Chapter within twenty-four (24) hours
of the issuance of the citation. If the cited violation is
not corrected within the 24-hour period, the violation sha~l
be considered a misdemeanor.
SECTION 5.36.100. Annual Evaluation. In recognition of
the rapid changes in household product formulation, the
effectiveness of this Chapter shall be evaluated in writing by
the Environmental Programs Division not later than one year
from the effective date, and no less frequently than every two
years thereafter. The written evaluation should address the
7
necessity for revisions of the requirements of this Chapter,
and particularly, the necessity, if any, to modify the
definition of "toxic and hazardous household product."
SECTION 5.36.110. Effective Date. The provisions of
section 5.36.050 (b) and 5.36.060 (b) shall not take effect
until one hundred eighty (180) days after the effective date
of this Chapter.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the Ordinance. The City council hereby
declares that it would have passed this Ordinance and each and
every section, subsection; sentence, clause or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Mqyor shall sign and the city Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
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cause the same to be published 'once in the official newspaper
within 15 days after its adoption.
This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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,lL./..L.'('~.I-' .:....-L...) ! ~.t(...*-7
MARSHA JQ ES MOUTRIE
city Attorney
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Adopted and approved this 24th day of May, 1994.
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I hereby certify that the foregoing Ordinance No. 1744 (CCS) was duly and regularly
adopted at a meeting of the City Council on the 24th day of May, 1994; by the following
Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Greenberg, Olsen, Rosenstein, Vazquez
Noes:
Councilmembers:
None
Abstain: Councilmembers: None
Absent: Councilmembers:
Holbrook
ATTEST:
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City Clerk